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HomeMy WebLinkAbout461405 TREBUCHET GROUP - PURCHASE ORDER - 9145143Fort Collins PURCHASE ORDER PO Number Page 9145143 1of3 This number must appear on all invoices, packing sli s and labels. Date: 09/08/2014 Vendor: 461405 Ship To: CITY MANAGER TREBUCHET GROUP CITY OF FORT COLLINS 405 MASON CT SUITE 113 300 LAPORTE AVE FORT COLLINS CO 80524 CITY HALL WEST - 1 ST FLOOR FORT COLLINS CO 80521 Delivery Date: 09/08/2014 Buyer: PAUL, GERRY Note: Line Description Quantity UOM Unit Price Extended Ordered Price I Retreat Facilitation 1 LOT LS 1,500.00 2 Retreat Facilitation 1 LOT LS 1,500.00 3 Retreat Facilitation 1 LOT LS 1,500.00 4 Retreat Facilitation 1 LOT LS 1,500.00 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 PO PURCHASE ORDER 914514er Page City, of PURCHASE 9145143 2 of 3 ' `t Collins This number must appear l on all invoices, packing slips and labels. City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 3 of 3 L COMMERCIAL DETAILS. Tax exemptions. By statute the City of Port Collins is exempt from state and local taxes. Our Exemption Number is 98-04502, Federal Excise Tax Exemption Certificate of Registry 84-6000582 is registered with the Collecmr of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Good Rejected. GOODS REJECTED due Ira failure to meet specifwtime, either when shipped or due to defects of damage in mount, may be mammal a you for credit and arc not to Ic m i laced except upon receipt of woman instructions from the City affect Collins. Inspection. GOODS are eubji,t to the City of Fort Collins inspection on amval. Final Accepmna. Receipt of the merchandise, services or equipment in response m this maker can result is autho mcd payment on the pan of the City of Fort Collins. However, it is m be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Teams. Shipments must be, ROD , City of Fort Collins, 700 Wood M., Fort Collin, CO 80522, unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight bill most accompany invoice. Addiumul charges for packing will not be accepted. Shipment Dumnec. Where manuacturcrs have distributing points in various parts of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure of sellers sale cost all necesmry permits, ca niftcates and Iiremas yuiml by all applicable laws, mEd.ficm, ordlaneaa and tales of the sale, municipality, mrimry or political mb he am worn, the work is performed, or requited by any other doly constituted public authority having jurisdiction over the work of vendor, Seller further agrees to hold the City of ran Collins harmless from and against all liability and loss ineafted by theta by reason of an rescued or eswbliched violation of any such laws, regulations, ordinances, tales and requirements. Authoimtion. All parties to this contract agree that the represer drives are, in fad, bona fide and possess full and complete min rity to bind said morns, LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the terms aW conditions sated herein set forth and any supplementary or additional team and conditions annexed hereto or incopomed herein by reference. Any additional or different terots and conditions proposed by seller are objected in and hereby rejected. 2. DELIVERY. PLEASE ADVISI7 PURCHASING AG17NIimmediately if you mnnm make complete shipment to arrive on your promised delivery date as noted, Time is of foe essence. Delivery and perfonace must be eMcled within the time sated on the purchase order and the customers attached hereto. No ac¢ of the Purchasers including, without limiauon, aerepmnca of panel late deliveries, shall operate as a waiver of this provision. In the event ofany delay, the Purchaser shall have, in addition m other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. Iloweveq the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reneamble control and without its fault of negligence, such acts of God,:mts ofcivil or military authorities, gavemu ntnl priories,firer,, strikes, food, epidemics, wars tar riots provided that infive of the conditions causing such delay is given m the Purchaser within five (5) days of the time when the Seller four received knowledge thereof In the event crony such delay, the date of delivery shall bo extended for the period equal to the time annually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples muVor other descriptions given, will be fit for the puryow,, intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to bald the purchaser homeless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of waonty. The Seller soul I replace, repair or make good, without cost to foe t urcheseq any defects or faults arising within one (1) year or within such longer penal of time as maybe prescribed by law m by the mats of any applicable warrantyprovide) by the Seler ahem the dam of acceptance of foe good famished hereunder (acceptance not to bs unmasmably delayed), raudting from imperfect or defective work done or materials famished by the Seller. Acceptance or tau of goods by the Pumhaur shall not constitute a waiver of my claim under this warranty. Except a otherwise provided in this purchase oNeq the Sellers liability hereunder shall extend to all coinages proximately caused by the breach of any of the foregoing warranties or guarantees, bar such liability shall in no dent include loss of profits tar fss of use. NO IMPLIED WARRANTY OR MERCI IAN (ABILITY OR OF FITNESS FOR PURPOSE St ALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes a legal hems by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes m the tears, other, than legal lams, incuu rag: ckininm to or del,iuns Gom the quunlilies originally ordered in the x,ceficatiome or drawings, by verbal or written change order. If any such change affmus tls amount due or tine time of performance herenoder, an evincible adjustment steal l be made. 6. TERMINATIONS. The Purchaser may at any time by wofmn change order, terminate this amaccorm as to any or all portioas of the goods then not shipped, subject many equitable adjustment bcfween the parties as many work or materials then in progress provided that Ne Purchaser shall not be liable for any claims for amioixacd pmGts on me uncompleted portion of the goods and/or work, for incidental or cans yuential damages, and that no such adjustment be made in favor of the Seller with respect m any goals which are the Sellers standard stack. No such tem,ination shall relieve the Pumbaser or the Seller of any oftheir obligations as to any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT Any claim for adjustment most be assumed within thirty (30) days from the date the change or lamination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which me good are subject The Seller shall execute and deliver such documents as may be minifel ,, effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are bereby incorporated herein by this rel'erenen. The Seller agrees to indemnify and hold the Pumhao harmless man all costs and damages suffered by the Purchaser as a result trio, Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or fo become due hereunder without the prior wrinen consent ofma other parry. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items Famished in performance of this agreement, free and clear of any and all liens, resticcons, reservations, security interest t ucumbmar. and claims f.mars. ILNONWAIVF.R. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to examise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach. the acceptance odor payment for goods hereunder or approval ofthe design, shall not release the Seller of any of the warranties or obligations of this Purchase maker and shall not be deemed a waiver of any right of the penchant to insist upon strict performance hereof or any of its rights or remedies as many such goods, regardless of when shipped, received or accepted, as to any prior or subsequent defauh hereunder, nor shall any Foment om1 modification or rescission of this purchase order by the Pumbsoar operate a a waiver of my of the terns hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, o ercharges resulting from antitrust violations are in fact Some by the Purchaser. Theretoforefor tgood cause and as consideration for executing this province, oNeq the Seller hereby assigns to the Purchaser any and all claims it may now have or hemafcr acquired under fderal or state amount laws for such overcharges relating to the particular good or serv'ica purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF S ELLERS OBLIGATIONS. II he Prclui— directs the Seller Ira correct noneonfomring or defective goods by a data,, be agreed man by the Purchaser and the Seller, and the Seller thereafter indicates its inability or vawillingness to comply, the Purchaser may cause the work to be performed by the most expeditious .as available m it, and the Seller shall pay all costs assooimed with such work. The Seller shall release the Purchaser and its amorasmrs of any tier from all habillty and claims of any more resulting fiom the performance ofsuch work. This raleaao shall apply even in the dent of fault of negligence of the parry released and shall extend to de directors, officers anJ employees of such party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or mused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, desire, material or process covered by Inner, paten, trademark or copyright, the Seller shall indemnify and sure harmless the Purchaser from my and at I claims for infringemmot by reason or the ere of such rumored 1,c,,n, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such impingement at any time during the prosecution or after the completion of the work. In case said equipment, or any par dmrof or the intended use of the good, is in such soil held to roa0mm infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expasw and at is option, either prmure for the Purthaser the night to continue min, said equipment or Pans, replace fine same with substantially cual but noninfeinging equipment, err modify it So it becomes nmnnpinging. 15. INSOLVENCY. If vbe Seller shall become insolvent or hankmpt, make as assignment fo the benefit of creditors, appoint a receiver or trustee for any of the Sellers property, or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions aromas used or the imcrpretation ofthe agreement mad the nghs ofall parties hereunder shall be command under and governed by the laws ofthe Stare of Colorado, USA. The following Additional Conditions apply only in where the Seller is toperform work hereunder, including the services of Sellers Represenative(s), on thecases premises of other. ❑. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own cuk until am same is Billy completed and accepted, and shall, in eve of any accident, destruction or injury to the work anndror materials Were Scllds final completion and acceptance, complete the work at Sellers own expense and to Ne satisfaction true, Purchaser. When materials and equipment am famished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the it, and become responsible therefor as though such muenals and/or equipment were being fumlshc l by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of w akers compensation, including ocut patimal disease hrnefia, to its employees employed on or in connection with the work covered by this purchase order, and/or to their defendants in accordance with the laws of the sate in which the work is to be done. The Seller shall also can, comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least S300,000 for any one person, $500,000 far any one accident and property damage Bout per accident of 5400,000, Una Seller shall likewise require his contractors, if any, to provide for such compensation and insumrsa Before any of the Sellers or his contractors employees shall du any work upan the premises of others, the Seller shall famish the Purchaser with a certificate Beat such compensation and insurance have been provided. Such ceni cal, shall specify the date when such compensation and imureace, have been presided Such cenificates shall specify the doe when such compensation cod insurance expires. The Seller agree+ riot such compeaaion am insurance shall be ininmi dwril after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCI D17M'S AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind or nature whatsoever to famous or property caused by or resulting from the execution of the work provided far in this purchase order or in cminection herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of the Purchasers oficers, agents and employees from and against any am all claims, losses, damages, charges or expenses. whether direct or indirect, and whether to persons or porosity, to which the Purchaser may be Put or subject by reason of any act, action, neglect, omission or defaut em the part of the Seller, any of his contractors, or any of the Seller or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its oRcers, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees ns aforesaid, the Seller hereby agrees to assume the defense thereat and to defend the same of the Sellers own expense, to pay any and all costs, charges, attome,s fees and other expenses, any and all judgmrna tom may be incurred by or obtained against the Pochamr or any of is o their officers, agents or employees in such suits or other proceedings, and in area, judgment Or other lien her placed upon or .barred against dre property, ofthe Purchaser, or aid pmtia in or nes a result of such suits or older proceedings, the Seller will at once cause the some to be dissolved and discharged by giving bond or otherwise. The Seller and his mmracmrs shall take all safety precautions, Tarnish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard in safety including, but without limiamion, the Occupational Safety and Health Act tar 1970 and all tales and mi,ubnions issued pursuant thereto. Revised O7I2014